When the time comes for your loved ones wishes to be carried out, Antunes Lawyers has the expertise to help ensure the intentions expressed in a will are fully realised.

If you are appointed as an executor under a Will, it is most likely that you will need to apply for a Grant of Probate in the Supreme Court.

If your loved one has died without a Will, you may be eligible to apply for letters of administration in the Supreme Court to administer the estate in accordance with the intestacy laws.

Probate

Probate is an application to the Supreme Court where you are seeking permission from the court that a Will is valid and that the executor – or executors named in the Will can begin the process of administering the estate in line with the Wills instructions. If the Court issues a Grant of Probate the named executor or executors have the capacity and ability to arrange the administration of the deceased’s estate.

You need a Grant of Probate to transfer the assets from the deceased to the beneficiaries named in the Will.

Letters of Administration

Where someone dies without a will, they die “intestate”.

Section 63 of the Probate and Administration Act NSW sets out that the following people may apply for Letters of Administration, and in the following order:

  • A Spouse of the deceased, or next of kin, or both;
  • A person who is fit to be trusted, or complies with the direction of the Court;
  • Any person, whether a creditor or not, that the Court thinks fit.

A foreign person cannot be granted letters of administration.

There are two kinds of letters of administration:

  1. Letters of Administration – the deceased died without leaving a will ( died intestate); and
  2. Letters of Administration with the Will annexed – the deceased left a Will but there is no executor available to apply for a grant of probate. For example, if the will did not name an executor, or the sole executor has died or is otherwise unwilling or unable to act.

Once letters of administration are granted the administrator will be entitled to deal with the deceased’s assets in accordance with the entitlements under intestacy

How we can help

Applying for a Grant of Probate or Letters of Administration is a court procedure and there are court rules to abide by when drafting the application documents. It can be one of the most difficult parts of the estate administration process so it is important that you seek the correct advice regarding the process and steps involved.

Our experienced team can help you throughout each step of the application process to ensure all documentation required is completed correctly and efficiently.

Talk to one of our expert lawyers today.